Application of section

(1)

This section applies:

(a) during a vacancy in the office of a Commission member described in subparagraph 364(1)(b)(i), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when such a Commission member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Minister may appoint person to act

(2)

The Minister may appoint a person to act in the office of the Commission member in accordance with this section.

Note: For information about acting appointments, see section 33A of the Acts Interpretation Act 1901 .

Appointment if Repatriation Commissioner available

(3)

If there is present in Australia a member of the Repatriation Commission who:

(a) is able to perform the duties of the office of the Commission member; and
(b) is not a Commission member under section 364; and
(c) is not absent from duty as a member of the Repatriation Commission;

then the person appointed must be the member of the Repatriation Commission.

Appointment if no Repatriation Commissioner available

(4)

Otherwise, the person appointed may be any person.

Person not required to be a person chosen from a list provided by veterans' organisations

(5)

The person appointed is not required to be a person whose name is on a list mentioned in subsection 182(3) of the Veterans' Entitlements Act 1986 .